Recent News

Many of us send and receive recommendations on social media sites, such as LinkedIn, from co-workers, vendors, and clients about our work performance or services. Recently, employers have realized that these may be inconsistent with the employer’s policies on neutral references. Worse yet, these recommendation may even be providing false or fraudulent information. Employers need… Read More

When the ADAAA (Americans with Disabilities Amendments Act) went into effect January 1, 2009, the Equal Employment Opportunity Commission (EEOC) was directed to amend the ADA’s implementing regulations to reflect the changes of the new law. On March 25, 2011, those Final Regulations went into effect, changing the focus for employers and accommodations for employees… Read More

The answer is not as obvious as previously believed. On Feb. 7, 2011, the National Labor Relations Board (NLRB) and American Medical Response of Connecticut, Inc. (AMR) settled a charge related to this very issue. The fact of settlement is a signal to employers that their social media policies need to be clearly communicated and… Read More

Re-posting an interesting online article: Businesses Refuse to Hire Unemployed, EEOC says by Stephanie Rabiner When speaking to the unemployed, discrimination is usually the last thing on their mind. After all, they’re not employed, right? But once they settle in and start browsing the web for that next job, things change. Inevitably, they come across… Read More

In a decision last week, Johnson v. Chevron, the Washington State Court of Appeals held that an employee was not required to prove that his disability accommodation was “medically necessary” to enable him to perform his job. Johnson had sued the employer, asserting state law claims for race discrimination (disparate treatment) and disability discrimination (disparate… Read More

The Washington State Court of Appeals has tackled a case of first impression in their decision on a 2004 case, Anfinson v. FedEx. The issue involves the definition of an “independent contractor” under the State’s Minimum Wage Act (MWA). In 2004, a class action lawsuit was filed against FedEx in King County Superior Court alleging… Read More

Recent Equal Employment Opportunity Commission (“EEOC”) initiatives are focused on eradicating what the EEOC views as more covert forms of discrimination, such as policies that exclude applicants with bad credit reports or criminal convictions. In light of this new scrutiny, employers who conduct credit or criminal background checks should make sure that their practices do… Read More

Employers in Washington who fail to timely pay wages to an employee are liable for statutory penalties equal to twice the unpaid wages plus attorney’s fees. Even when an employer seeks bankruptcy protection, officers and senior managers remain personally liable for the unpaid wages, statutory penalties and attorney’s fees. This rule was recently reaffirmed by… Read More

The Case: In EEOC v. Prospect Airport Services (2010), a male employee, Rudolph Lamas, allegedly suffered hostile work environment sexual harassment at the hands of a female co-worker, Sylvia Munoz. His employer, PAS, supplies wheelchair assistance to disabled passengers at Las Vegas’s McCarran International Airport. Lamas was a well-respected employee who was promoted to a… Read More